If your spouse has been recently granted sole custody, you may be wondering about your options when it comes to visitation terms in New Jersey. Continue reading and reach out to our experienced family law attorney to learn how we can assist you with any questions or concerns you may have regarding child visitation.
What is sole custody?
New Jersey courts will grant one parent sole custody when the other has displayed reason to believe they are unfit to parent. Sole custody refers to the parent that has both legal and residential custody of their child. However, if your spouse has been granted sole custody, it is still possible to apply for scheduled visits if you can prove that you will provide a consistent and positive relationship with your child.
How do New Jersey courts determine visitation terms?
New Jersey courts will consider the following factors to come to a conclusion regarding visitation terms:
- The applicant’s good faith
- The applicant’s history with the child
- The time that has passed since the last contact with the child and the reason behind this time
- The impact of these rights on the relationship between the child and their parent or guardian
- The bond shared between the child and the applicant
- The relationship between the guardian or parent and the applicant
- Whether the applicant poses and sort of a risk to the child
- Any other factor the court deems relevant
Are there different types of visitation?
There are three potential outcomes when a parent applies for a scheduled visit with their child. The first outcome is, unfortunately, when the court denies a parent’s application due to the fact that the court believes it is in the child’s best interest not to spend their time with the parent at this time. If this outcome has happened to you, it is important that you retain the services of an experienced family law attorney who will help you take the next steps in this legal process.
The second outcome of this application is when the court grants a parent supervised visitation. This may occur if the parent has had addiction issues in the past or other reasons for the court to require supervision during visitation.
The final outcome is when the court grants a parent unsupervised visitations. This will be given to parents who are able to prove to the court that they will provide the child with a safe and healthy environment.
Contact our Firm
Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.
